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General terms and conditions, privacy policy and GDPR compliance of Tesweb SA — SOS Data Recovery.

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General Terms and Conditions

  1. SCOPE
    1. GENERAL CONDITIONS OF THE MANDATE
      These general conditions govern the contractual relationship between TESWEB SA, the Agent (hereinafter "TESWEB SA"), and the end client, the Principal (hereinafter "Client").
    2. CLIENT'S GENERAL CONDITIONS
      The application of the Client's general or contractual conditions is strictly excluded unless prior agreement.
  2. DESCRIPTION OF THE SERVICE
    1. THE SERVICE
      SOS DATA RECOVERY is a data recovery and digital data analysis service on physical media (hereinafter "the Service"), provided by TESWEB SA.
  3. COMMITMENTS OF TESWEB SA
    1. SENDING DEFECTIVE MEDIA
      At the Client's request, TESWEB SA can provide prepaid protective packaging for shipment with signature, billed additionally, including postage. TESWEB SA declines all responsibility regarding the services of the mandated carrier.
      The Client is free to choose any other mode of transport (faster, additional insurance, etc.) at their own expense.
    2. PHYSICAL MEDIA
      TESWEB SA does not guarantee nor assume responsibility for the integrity of the media provided by the Client.
      TESWEB SA does its utmost to recover the data on the supplied media. However, these may become non-functional after the recovery attempt, without TESWEB SA being responsible.
      The manufacturer's purchase warranty may be voided by the manufacturer once the analysis, attempt, and/or data recovery have been performed.
    3. DEADLINE
      TESWEB SA undertakes to process the data media provided by the Client as soon as possible and with maximum diligence. The recovery times communicated are indicative and do not engage the responsibility of TESWEB SA. No liability can arise from an overrun of the announced deadline unless there is a specific written commitment from TESWEB SA.
    4. DATA RECOVERY
      Once access to the sectors is possible, TESWEB SA makes a bit-by-bit copy of the client's media onto temporary security media that TESWEB SA stores in a safe.
      The work of analysis and reconstruction of the sought data is done on the temporary security media, except in exceptional cases.
    5. SOUGHT DATA AND INITIAL SITUATIONS
      The Client is required to inform TESWEB SA of any manipulation and recovery attempts already carried out by their own means or those of third parties on the physical media and/or the data provided by the Client.
      TESWEB SA reserves the right to adjust the costs after validation of the mandate when the Client omits to inform TESWEB SA of the manipulations and/or attempts already performed.
      The Client is required to inform TESWEB SA of the sought data and their quantity in MB/GB/TB or in the number of files. If the Client fails to specify the sought data, TESWEB SA extracts the data present on the bit-by-bit copy made or directly from the original media. The recovered and extracted data may not be complete.
    6. RETURN OF RECOVERED DATA
      TESWEB SA cannot be held responsible when part of the recovered files transmitted to the Client:
      • are non-functional
      • are useless for the Client
      • or if the folder structures and file names are unrecoverable
      The recovered data are transmitted on new media or via the cloud. Depending on the volume, additional costs may apply for additional media.
      TESWEB SA provides, if possible, a listing of the recovered data viewable on the Extranet.
    7. RETURN OF THE CLIENT'S MEDIA
      By default, the media provided by the Client are not returned.
      The Client must inform TESWEB SA if they wish their return, with the shipping costs being at their expense.
    8. DESTRUCTION OF THE CLIENT'S MEDIA
      If the Client has not informed TESWEB SA in writing of their wish to recover the original media, TESWEB SA reserves the right to destroy them after a minimum period of 60 days following the end of the mandate or the closure of the file.
    9. DESTRUCTION OF SECURITY COPIES
      At the end of the mandate, TESWEB SA retains the bit-by-bit security copies for 14 days to guarantee any defects in the data media given to the Client. Once this period has elapsed, TESWEB SA will destroy the security copies without informing the Client.
      Upon written request from the Client, the security copies may be destroyed more quickly.
    10. COST OVERRUN
      The overrun of costs provided for in the mandate contract is at the expense of TESWEB SA, unless the Client has approved in writing a modification of the mandate contract or is responsible for the additional costs due to manipulations and/or attempts already made on the media before they were taken over by TESWEB SA.
  4. RIGHTS AND OBLIGATIONS OF THE CLIENT
    1. MANDATE VALIDATION DEADLINE
      After the analysis and the mandate contract are established, the Client is required to inform TESWEB SA in writing as soon as possible of their intention to proceed or not with the execution of the mandate.
      TESWEB SA undertakes to securely store the Client's media provided while awaiting the validation of the mandate.
      TESWEB SA reserves the right:
      • to invoice storage fees of a minimum of CHF 50.- / month from 60 days of storage as long as the mandate contract has not been validated or refused.
      • to close the file and delete all original media and information transmitted by the Client within a period of 360 days, even in the event of non-acceptance or refusal of the mandate.
    2. PAYMENT DEADLINE
      TESWEB SA's costs are subject to pro forma invoicing due from the date of issuance.
      No recovered data or return of original media will be made until TESWEB SA is in possession of proof of payment from the Client (email or paper printout).
    3. DELAY AND DEFAULT
      In the event of non-payment within the deadlines, reminder fees of CHF 20.- will be charged for each reminder.
      In the event of the Client's default, TESWEB SA is entitled to request securities from the Client before performing any service.
      In the event of non-payment of services within a period of 360 days, TESWEB SA reserves the right:
      • to destroy all media, security copies and extracted data belonging to the Client, even if they have not been returned to the Client. The amounts for services remain due.
      • to transfer ownership of data not claimed by the Client.
    4. CANCELLATION
      The Client may terminate their analysis request or the mandate contract at any time in writing, in accordance with Art. 404 para. 1 CO.
      Services provided before the termination are remunerated in accordance with Art. 404 para. 2 CO:
      • if an analysis has been requested and TESWEB SA is not yet in possession of the media, administrative fees of CHF 30.- will be charged, as well as any postage already incurred.
      • if the mandate contract has been accepted by the Client, the base costs, spare parts, postage, analysis fees and services already performed are billed at the hourly rate of CHF 300.-.
  5. CONFIDENTIALITY AND SECURITY
    1. CONFIDENTIAL INFORMATION
      Confidential information within the meaning of this agreement constitutes all information contained on the media entrusted by the Client, without exception.
    2. CONFIDENTIALITY AND DATA PROTECTION
      In the context of the Service, TESWEB SA, including all its employees and auxiliaries, undertakes to:
      • access and process confidential information with the diligence to preserve its nature.
      • not use or exploit this information for purposes other than its transmission to the Client, except in the event of non-payment of services after a period of 360 days.
      • limit access to confidential information to the relevant employees, who are subject to these confidentiality provisions.
      • only provide the information to the person mentioned on the contract by the Client.
    3. VALIDITY, SCOPE AND TERM
      The confidentiality and data protection obligations are imprescriptible.
    4. NEWSLETTERS AND COMMERCIAL COMMUNICATIONS
      TESWEB SA manages two information newsletters via the Swiss provider Infomaniak, intended to inform about its services and news:
      • In principle, the frequency of sending is limited to one newsletter per month for SOS DATA RECOVERY and two newsletters per month for BEXXO.
      • Due to the contractual relationship, any Client who has validated a mandate is automatically subscribed to our mailing lists unless the Client refuses.
      • The use of the price calculator or contact forms on our websites does not result in automatic subscription. Subscription for these users is strictly subject to their prior consent (Opt-in).
      • TESWEB SA guarantees that no personal data is sold, rented or transmitted to third parties.
      • The Client or user may unsubscribe at any time and free of charge via the unsubscribe link in each email or by simple written request to TESWEB SA.
    5. PENALTY CLAUSE AND DAMAGE
      In the event of a breach of the confidentiality clause, TESWEB SA will owe a lump sum of CHF 20,000.-.
      The payment of the penalty clause does not release TESWEB SA from the obligations arising from this Agreement.
  6. FINAL PROVISIONS
    1. APPLICABLE LAW AND JURISDICTION
      This contract is subject exclusively to Swiss law.
      For any dispute arising from this contract, the parties agree to the sole jurisdiction of the courts of the Canton of Berne.
    2. AMENDMENT OF GENERAL CONDITIONS
      TESWEB SA reserves the right to amend these general conditions at any time. Amendments to these general conditions will be published on the website.

      Ins (Anet), February 2026